In order to properly understand the intent and purpose of this Constitution, it is essential that the meaning of the various terms and titles used must be defined, and uniformly applied. These words, titles and expressions are listed in relation to their perceived importance.
This list is subject to amendment and additions, as new words come into affect or the meaning of older words are modified, but any changes can only be made with the approval of both Houses of Parliament.
The Australian Constitution
The Australian Constitution represents the primary Law of the Commonwealth of Australia, and is a document that has been presented to the people of Australia in its entirety, and approved by them at a Referendum for adoption as a sovereign and independent nation. This Constitution can only be amended and changed by a nationwide referendum, except for the special provisions allowing either or both Houses of Parliament tomake certain specific changes. As stated in the Preamble, the purpose of any such provision is limited to keeping the Constitution up to date, and retaining a relevance to the changing society.
This is a brief but comprehensive statement setting out the principles and philosophy by which the Government, and the legal system, must comply in the making and interpreting all laws. The Preamble is, at all times, an integral part of the Constitution and shall never be treated separately.
The Australian Council
An independent body set up by this Constitution to provide an overriding authority for the integrity and functioning of the Constitution in relation to the political, governmental and legal system adopted by this Constitution. Any reference to the Council in this Constitution shall mean the Australian Council, unless otherwise defined.
The Commonwealth of Australia
The Commonwealth of Australia is the nation of Australia, which was created by combining the separate Colonies of the 19th century under a federated arrangement, and includes any Territories un Australian Government jurisdiction. This term can be shortened to the Commonwealth, all of which have the identical meaning as the Federation of Australia or the Australian Federation. The full geographical definition of the Commonwealth is contained in Schedule 3
The Federal Parliament or the Commonwealth Parliament
In terms of this Constitution, the above titles will include both the House of Representatives and the House of Senators. Unlike the definition in the original British Act, this title does not include the Australian Council which is a concept to replace certain functions of the Monarchy. The Federal Parliament is also referred to as the Commonwealth Parliament, or the shorter version of, the Parliament, all of which are identical in meaning.
Any reference to Parliament in this Constitution means the approval of both Houses in relation to the issue concerned.
The State Parliaments
In terms of the States, the Parliament means the existing Parliamentary arrangements in the respective States, whether the Parliament consists of one House or two Houses.
The House of Representatives
Commonly referred to as the Lower House, is the larger House of the Commonwealth Parliament, as set up in this Constitution.
The House of Senators
This House was originally conceived as a States’ House, with each State having an equal number of elected Senators. The House is commonly referred to as the Senate, and in other respects, as the Upper House. It too, is set up in the manner defined in this Constitution, covering its purpose and functions.The concept of a Double Dissolution of Parliament is denied in this Constitution, and at no time shall the whole of the Senate membership be dissolved simultaneously with the House of Representatives.
A Referendum is a nationwide process, as set out in this Constitution that allows every eligible voter to pass judgement on any proposal to alter or amend the existing wording of the Constitution, which is not otherwise covered by specific provisions in the Constitution. Two types of Referendum are contained in this Constitution. Any question relating to changes to this Constitution will require a majority approval by the voters, as well as the approval by the majority of the States. The second type of Referendum will deal with questions of national importance and only require agreement from the majority of the eligible voters.
A Political Party is an organisation set up for the principle purpose of getting members elected to the Australian Parliament. The organisation must be registered in conformity with the relevant legislation, both existing and any subsequent legislation, and comply with the conditions set out therein, as well as the provisions of this Constitution. The Political Party system is the weakest link in any aspirations for “good governance”, especially when one party gets control of both Houses of Parliament. That is when the party members rule the nation in the interests of the Party, and invariably, at the expense of the nation as a whole. Thus, a Political Party with total control can represent the greatest danger for any nation. This Constitution aims to counter this potential threat by requiring a larger Parliamentary majority approval for identified national issues and by interposing the higher authority of the Australian Council in the process of assenting to laws.
Direct or indirect pecuniary interests
The definition of the above terms is to be read in the widest interpretation, and shall include any form of remuneration or benefits received from any entity associated with any government funded project, program or related entity. Indirect pecuniary interests will also include the elected politician’s family or other forms of trust funds, and interests in any foreign organisation with related Australian government association.
The principle of applying laws in retrospect is specifically prohibited in this Constitution, Any legitimate actions or decisions based on the laws as they applied at that time, shall remain legitimate and shall not incur any penalty that may apply to a subsequent law, or amendment of the previous law. This does not prevent an earlier action, or decision, from being modified to comply with the later provisions, if such is required, but no retrospective penalty or imposition will apply.
Citizenship Citizenship of Australia applies to any person born in Australia to Australian parents, or born to one parent who is an Australian citizen, provided both parents are in agreement. Citizenship also applies to people born outside of Australia to Australia parents, or as in the case above, to one parent who is an Australian citizen. Citizenship also applies to any person who complies with the requirements for naturalisation and completes the naturalisation process. Citizenship of Australia is exclusive to the Commonwealth of Australia and no citizen wishing to stand as a candidate for any Commonwealth or State Parliament, shall hold allegiance to any other nation by way of dual citizenship or any other obligatory condition. This does not prevent a naturalised citizen from receiving any pension entitlements from a foreign country, provided that entitlement is declared.
Australia’s Population – As the population figure for Australia, and the respective States, is used in the formula for calculating each State’s allocation of Members for the House of Representatives, it is necessary to define what is meant by “population.” Although the Parliament has a responsibility for every person living in the Commonwealth of Australia, for the purpose of the formula, only the recognised citizens of the nation, whether in Australia or overseas, shall be included in the term “population.” This term shall not be modified to apply only to eligible voters, as Parliament has a wider responsibility to include all the newly born and youths not yet of voting age. This population figure will be determined by the Bureau of Statistics as at the most recent Census.
Commonwealth Assets – The people ofAustralia are the rightful owners of all Commonwealth facilities, property and assets of any type, and the elected Government is always the caretaker of these assets and responsible for their proper maintenance and upkeep.
As caretakers, the Government also has a responsibility to assess the economic viability for the maintenance of these assets. Any proposals involving the leasing or selling of any Commonwealth asset shall require the approval of the rightful owners via a referendum before the proposed action can be implemented. The Government is obligated to recommend whatever action can be taken that will be beneficial to the owners of Commonwealth facilities, property and assets.
Australia’s money supply – The nation’s “money” supply consists of all the physical “money” used in Australia, meaning the notes and coins produced by the Government as legal tender, as well as all digital “money” created as interest bearing debt by the private banks licensed to operate in Australia.
Australia’s status as a monetary sovereign nation is retained in this new Constitution by virtue of Section 136(i) and (ii), and therefore means that the Australian Parliament has the sole authority for the creation of Australia’s total “money” supply, and that includes the way the private banking sector operates.